Arkansas Law Blog

Bankruptcy

Bankruptcy, Debt Settlement, or Debt Consolidation? Is There a Difference?

If you’re falling behind on debt payments, two of the options you can explore are bankruptcy and debt consolidation. So how will you know which is right for your situation? First, some definitions: • Bankruptcy: The legal process of eliminating or reducing the amount of debt owed under the United States Bankruptcy code. • Debt Settlement: Debt settlement is the…

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Family Law

How to tell when you need a family lawyer and the dangers of fighting it on your own.

When is it time to hire a family lawyer? Of course what you expect to hear from a lawyer about when you should hire them is something along the lines of “the sooner the better.” And not to upset you further – but the sooner you hire a lawyer, the better the shot is for them to achieve the results…

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Employment Law

Why restaurant workers are likely owed money

The Court system makes thousands of restaurants all over the country pay back workers money the workers are owed. The U.S. Department of Labor found that in one two-year period, over eighty percent of restaurants violated labor and employment laws. (Click here to read more about that study) If you’re a restaurant employee, we’ve found out that restaurants often violate…

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Bankruptcy

Bankruptcy and Unsecured Debt

Unsecured Debts Debts that are unsecured (e.g. credit cards, medical bills, etc.) are those which are not secured (secured means if you do not pay, the can repo or foreclose, e.g cars, house, etc.) anything you own. The creditor does not have a right to repossess anything if you don’t pay the debt. In general, it’s easier to deal with…

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Employment Law

Did I get fired illegally?

What does age or gender discrimination mean? Laws protect against being fired for your age and gender and many other reasons. The Age Discrimination in Employment Act (ADEA) protects many employees forty years and older from discrimination in hiring, firing, and terms and conditions of employment based on age. The Equal Pay act (EPA) requires that men and women be…

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Bankruptcy, Interesting Legal-Lawyering Stories

New Law Could Allow Student Loans to be Discharged in Bankruptcy

Sen. Dick Durbin has proposed a new bill that has an escape clause for people with student loans that are forced to carry the debt to their graves. 44,000,00 Americans owe on student loans. The amount owed is more than $1.5 trillion. The only kind of dent that exceeds this figure is  credit card debt. The act is supported by…

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Employment Law

Do ride-share companies owe drivers money

Contractor v. Employee Info

Under the federal labor law, when an employer-employee relationship exists, the employee must be paid at least the Federal minimum wage of $7.25 per hour and in most cases overtime at time and one-half his/her regular rate of pay for all hours worked in excess of 40 per week. The ride-share company Uber has agreed to pay $20 million to…

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Employment Law

Can caregivers or care workers be paid more?

All caregivers are owed the federal minimum wage of $7.25 an hour and an overtime payment for all hours worked over 40 in any work week, unless some very specific exemptions are met. However, many agencies or individuals are not following the law. This law firm has a lawsuit against PALCO, Inc. for back wage payments. If your payments from…

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Interesting Legal-Lawyering Stories

February 2019 Arkansas Bar Exam Results

Congratulations to all those who passed the February 2019 Arkansas Bar Exam! Here are the results: 2019FebruaryBarExamResults Enjoy scrambling around to find a judge to swear you in on Tuesday.  Let the fun begin! But seriously—we are pleased to have you all as colleagues. Do well. Looking for some extra reading? After You Get Your Bar Exam Scores  

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Administrative Law, Employment Law

Can teachers get their job back?

As a teacher, can I get my job back if they suspend or fire me? Yes.  You are protected by a strong law.  The law is called the Arkansas Teacher Fair Dismissal Act (TFDA).  This law is designed to help teachers. The TFDA says that a teacher has to receive written notice of any nonrenewal, suspension, or termination. A teacher…

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